Foreign-Invested Company Improperly Interfered In the Dealings of Its Competitors By Reason of Infringement and Was Fined NT$2,430,000.

  Company C issued letters and sent its people to the business offices of the customers of company B, its competitor, to pay a visit, claiming that company B’s products as infringing ones to hinder the customers’ purchase from company B.  For such conduct, company C was fined NT$2,430,000 for violating Article 24 of the Fair Trade Law, the FTC ruled.

 

  The FTC indicated that company C attempted to protect its intellectual property rights by such illicit measures as issuing letters to company B’s customers or potential customers several times in 2003 in order to disturb their purchase decision.

 

  Also, in the letters, even though company C did not specify company B, it revealed that a certain Internet chip maker’s products have been involved in infringement upon company C’s three patents granted in the US, and also informed that company C has been planning to offer preferential terms and conditions for license of the three patents.

 

  In addition, company C in March and April 2004 dispatched legal personnel to the business offices of company B’s customers, alleging that certain product of company B infringed upon its patent rights and company C, based this assertion, requested these customers obtain its license or do the purchase from company C or the suppliers with company C’s license.

 

  Company C’s conduct caused company B’s customers had successively requested company B to issue an assessment report issued by an impartial third party to prove company C is irrelevant to the infringement matters as alleged by company C and also to sign “non-infringement opinion”, “notice of infringement indemnification”, “damages declaration”, and “statement of joint defense”, etc., which causes a drop of purchase from company B. (2006.6)

/CCS